House of Lords Journal Volume 16: 20 May 1701

DIE Martis, 20 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Yate versus Fettiplace & al.

Upon reading the Petition and Appeal of William Yate Esquire, against Part of a Decretal Order made in the Court of Chancery, the Thirtieth Day of October, in the Eleventh Year of His present Majesty's Reign, and against Part of an Order made the One and Thirtieth Day of January last, and an Order of Dismission of the Fourteenth Day of March last, in certain Causes, wherein the now Appellant was Plaintiff, against Sir Edmund Fettyplace Baronet, Charles Fettyplace Esquire, and Rowland Lacy Esquire, an Infant, Son and Heir of Sir Rowland Lacy deceased, by the said Sir Edmund Fettyplace his Guardian, Defendants; and wherein the said Sir Edmund Fettyplace, Charles Fettyplace, and Rowland Lacy were Plaintiffs, against the now Appellant Defendant; and wherein Elizabeth Silvester and Edward Keble, Creditors of the said Sir Rowland Lacy, were Plaintiffs, against the said Sir Edmund Fettyplace, Rowland Lacy, and the now Appellant, Defendants; and praying, "That the said Decree and Orders may be considered, and the Petitioner relieved:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Edmund Fettyplace, Charles Fettyplace, Rowland Lacy, Elizabeth Silvester, and Edward Keeble, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answers thereunto, in Writing, on Friday the Thirtieth Day of this Instant May, at Eleven of the Clock in the Forenoon.

Sir D. Mitchel versus Colinge.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on Saturday next, at Ten of the Clock in the Forenoon, this House will hear One Counsel upon the Petition of Sir David Mitcbell, as also One Counsel upon the Petition of Mr. Richard Colinge.

Privilege Bill.

The Lord Viscount Longueville reported, from the Committee of the whole House, the Bill, intituled, "An Act for preventing any Inconveniencies that may happen by Privilege of Parliament," as fit to pass, with several Amendments and Clauses.

Which were read Twice, and agreed to.

Hodie 3^a vice lecta est Billa, intituled, "An Act for preventing any Inconveniencies that may happen by Privilege of Parliament."

The Question was put, "Whether this Bill, with the Amendments and Clauses, shall pass?"

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Gery:

To return the said Bill, and desire their Concurrence to their Lordships Amendments.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Freeman and others:

With a Bill, intituled, "An Act for vesting a Messuage and Lands in Stevenage, in the County of Hertford, (the Estate of Richard Nodes) in Trustees, to be sold, for making a Provision for his Wife and Children, equal to the Provision secured to them out of the said Estate;" to which they desire the Concurrence of this House.

E. of Orford's Trial.

The Earl of Orford desiring, "That a Day may be appointed for his Trial:"

The House thereupon ORDERED, That the Committee appointed to consider of the Manner in delivering Articles of Impeachments by the Commons be revived, to inspect the Books; and meet immediately.

Then the House was adjourned during Pleasure, and the Lords went to the Committee.

After some Time, the House was resumed.

Precedents of Impeachment, &c.

And the Earl of Stamford reported the Precedents following; (videlicet,)

"21 December 1680. That Mr. Seymour was impeached, and Articles delivered.

"23d December. He delivered in his Answer.

"3. January. That he petitioned for a Trial.

"Whereupon the same Day a Message was sent to the Commons, That the House, finding no Issue joined by Replication from the Commons, thought fit to give them Notice thereof.

"Then Counsel were assigned him.

"8 January. Saturday the Fifteenth was appointed for his Trial."

"27th April 1695. The Duke of Leeds was impeached.

"29th April. The Articles were brought up.

"30th April. The Duke of Leeds put in his Answer; and a Copy thereof was sent to the Commons.

"1st May. The Lords sent to the Commons, to know when they should be ready to make good the same.

"3d May. The Commons desired a Conference, on the Lords Message; and, at the Conference, acquainted the Lords, That Mr. Robart, a material Witness, was withdrawn.

"The Lords moved the King, That a Proclamation might be issued, for his Apprehension."

The same Day the Parliament was prorogued.

Message to H. C. concerning E. of Orford's Trial.

A Message was sent to the House of Commons, by Sir Robert Legard and Mr. Gery:

To acquaint them, "That the House having been desired, by the Earl of Orford, that a Day may be appointed for his speedy Trial; their Lordships, finding no Issue joined by Replication of the House of Commons, think fit to give them Notice thereof."

Message to them concerning Lords impeached.

A Message was also sent to the House of Commons, by Sir Robert Legard and Mr. Gery:

To acquaint them, "That they having, on the First Day of April last, sent up to their Lordships an Impeachment against William Earl of Portland, for high Crimes and Misdemeanors; and having also, on the Fifteenth Day of the same Month, impeached Charles Lord Halifax for high Crimes and Misdemeanors; and there being as yet no particular Articles exhibited against the said Lords; their Lordships think themselves obliged to put them in Mind thereof, which, after Impeachments have so long depended, is a Hardship to the Persons concerned, and not agreeable to the usual Methods and Proceedings of Parliament in such Cases."

Limitation of the Crown, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject."

ORDERED, That the said Bill be committed to a Committee of the whole House, To-morrow, at Twelve a Clock; and all the Lords summoned to attend.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) vicesimum primum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.